| The purpose behind the
federal Truth in Lending Act is to help ensure that consumers
applying for a loan or credit card are informed of certain
important information.
The law applies when a lender who regularly
extends credit offers a consumer open-ended credit, such as
a credit card, or closed-end credit. Closed-end credit is
normally an agreement to pay for a purchase in the future,
where there is either a finance charge or more than four payments.
A common example is a "buy here, pay here" car loan.
For most consumer loans under $25,000,
the lender must provide, in a conspicuous manner, the following
information:
- The amount financed
- This is the amount of credit the lender is extending.
- The finance charge
- This is the amount the credit will cost. Usually the biggest
part of the finance charge is interest.
- The interest rate, expressed as an Annual Percentage Rate
(APR)
- The APR must be calculated according to certain formulas.
- The total of payments
- This is the total amount the consumer will pay over the
course of the loan, including both the amount financed and
the finance charge.
- The payment schedule
- This is a description of when the payments must be made,
and the amount of each payment.
- Any security interest the lender will obtain in the consumer's
property
- Examples include a mortgage or a lien on an automobile.
These disclosures, if required, must be
provided to the consumer in a form he or she can keep, before
the consumer signs the loan agreement.
If any required information is left out
or inaccurate, beyond a small allowable margin of error, the
consumer may be entitled to damages from the lender. If a
consumer has been damaged by the violations, she or he can
recover those actual damages. Also, the consumer may be able
to recover statutory damages of two times the finance charge,
with a minimum of $100 and a maximum of $1,000. If the consumer
is successful in the lawsuit, the lender may have to pay the
consumer's attorney fees.
Sometimes unscrupulous businesses will
"hide" a finance charge, or disclose an APR that
is inaccurate. If one disclosure is wrong, often other information
is wrong as well. If you are unsure about information on your
consumer finance agreement, contact an attorney.
Keep in mind that this is just general information about the
Truth in Lending Act. There is much more to this area of the
law. If you have a specific legal problem, or if you think
you have a case, contact an attorney to see if she or he can
represent you.
There are other laws designed to protect
people from particular wrongful business practices.
Here are a few:
Lemon
Law
Telemarketing
Illegal Faxes
Truth in Lending Act
Unfair
Debt Collection (FDCPA)

|